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Legal implications for incomplete criminal sanctions norms in lieu of fines for corporations in spatial planning crimes in Indonesi 以不完整的刑事制裁规范代替对印度尼西亚空间规划犯罪企业罚款的法律影响
Q3 Social Sciences Pub Date : 2023-04-01 DOI: 10.52326/jss.utm.2023.06(1).11
Denny zul Syafardan, S. Sudarsono, B. Sugiri, I. Koeswahyono
Spatial planning corporate criminal sanctions are criminal sanctions imposed on corporations as stipulated in Article 74 of Law Number 26 of 2007. The criminal sanction can be applied in controlling the planning of the territory so that there is order and the space is protected from violations of the use of the space. However, when looking at the data on zoning violations, this hope is still illusory where existing law has failed to deal with corporate violations. In addition, criminal liability has not reached the beneficiaries of the proceeds of corporate crimes so that the legal objectives are not achieved. The aim of this study is to find out what the legal implications of incomplete criminal sanctions instead of fines are for corporations in land-use offences. This research is a normative legal study with multiple approaches, including statutory approaches, case approaches, historical approaches, comparative approaches, and conceptual approaches. Legal material analysis techniques are performed in perspective. The results of the study show that the legal implication of incomplete criminal penalties instead of fines for corporations in land-use offenses is expressed only by Article 74 para. (1) to the Territorial Planning Law (UUPR) 26/2007 - Criminal sanctions for corporations. This cannot simply be operationalized because there is no regulation on the mode of committing crimes (straf modus), there are multiple interpretations that cause confusion. They lead to the non-fulfillment of the legal objectives in the article a quo.
空间规划公司刑事制裁是2007年第26号法律第74条规定的对公司实施的刑事制裁。刑事制裁可用于控制领土的规划,以便维持秩序,并保护空间免受违反使用空间的行为。然而,当查看分区违规的数据时,这种希望仍然是虚幻的,因为现有法律未能处理企业违规行为。此外,公司犯罪收益的受益人没有承担刑事责任,使法律目标无法实现。本研究的目的是找出不完全刑事制裁而不是罚款对土地使用违法企业的法律影响。本研究是一项规范性的法律研究,采用了多种方法,包括成文法方法、案例方法、历史方法、比较方法和概念方法。法律材料分析技术进行透视。研究结果表明,在土地使用违法行为中,不完全的刑事处罚而不是罚款的法律含义仅在第74条第1款中表达。(1)修订全港规划法第26/2007号-法团的刑事制裁。这不能简单地操作,因为没有对犯罪方式(straf mode)的规定,有多种解释,造成混淆。它们导致无法实现第a条的法律目标。
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引用次数: 0
Interior design in the renovation, modernization and aesthetic editing of the Museum of History and Ethnography in Ungheni Ungheni历史与民族志博物馆改造、现代化与美学编辑中的室内设计
Q3 Social Sciences Pub Date : 2023-04-01 DOI: 10.52326/jss.utm.2023.06(1).05
Liliana Platon, Ilie Cebanita
The present paper deals with a scientific analysis of the interior design within the licensing process concerned with the renovation, modernization and aesthetic editing of the Museum of History and Ethnography in Ungheni, carried out in 2022. In the context, the historical course of formation and evolution of the museum is described, prominent personalities who contributed to the development of the museum, museum pieces and categories of exhibits in the museum's possession. All these have been used in value through the vision of interior design which is researched through the historical, ethnographic and artistic prism. Through the research, the role and responsibility of interior design in the process of consolidation and valorization of the national cultural heritage is highlighted. The given study presents the result of the interior design project, concerned with the correspondence or synchronization of the new modern implementations with the ethnographic data inherited from the historical period.
本文对2022年在Ungheni进行的历史和人种学博物馆的翻新、现代化和美学编辑许可过程中的室内设计进行了科学分析。在此背景下,描述了博物馆形成和演变的历史过程,为博物馆发展做出贡献的知名人士,博物馆藏品和博物馆藏品的类别。所有这些都通过室内设计的视角,通过历史、民族志和艺术的棱镜来研究。通过研究,突出了室内设计在民族文化遗产的巩固和增值过程中的作用和责任。给定的研究展示了室内设计项目的结果,关注新的现代实现与从历史时期继承的民族志数据的对应或同步。
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引用次数: 0
The impact of advanced management accounting methods on the quality of financial reporting: the case of the Jordanian banking system 先进管理会计方法对财务报告质量的影响:以约旦银行系统为例
Q3 Social Sciences Pub Date : 2023-04-01 DOI: 10.52326/jss.utm.2023.06(1).03
Tarek Filali
This study aims to investigate the degree of application of advanced management accounting methods within Jordanian banks. The researcher tries also to assess the effect of the degree of application of advanced management accounting methods on the quality of financial reports issued by Jordanian banks. In order to achieve this objective data was collected through the distribution of 45 questionnaires to the financial managers and chief accountants of ten commercial banks operating in Jordan. Only 40 questionnaires have been subjected to the process of statistical analysis in order to construct the model of the study, In addition to the use of descriptive statistical techniques of analysis of variance. The results showed that the level of use of the targeted management accounting methods represented in activity based costing, target costing, total quality management respectively within the subjected banks was acceptable. The study also found that there was a significant relationship between the degree of application of our targeted management accounting methods and the quality of financial reports issued by Jordanian banks. Therefore, the paper recommended that management of the subjected banks should improve their usage of advanced management accounting methods which is presently fair but not sufficient and involve accountants and financial managers in the decision making process.
本研究旨在调查先进管理会计方法在约旦银行的应用程度。研究人员还试图评估先进管理会计方法的应用程度对约旦银行发布的财务报告质量的影响。为了实现这一目标,通过向在约旦经营的10家商业银行的财务经理和首席会计师分发45份问卷来收集数据。除了使用方差分析的描述性统计技术外,仅对40份问卷进行了统计分析,以构建研究的模型。结果表明,目标管理会计方法的使用水平代表在作业成本法,目标成本法,全面质量管理分别在受调查的银行是可以接受的。研究还发现,我们的目标管理会计方法的应用程度与约旦银行发布的财务报告质量之间存在显著关系。因此,本文建议受调查银行的管理层应改进对先进的管理会计方法的使用,这些方法目前是公平的,但还不够充分,并使会计人员和财务经理参与决策过程。
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引用次数: 0
Quality assurance in higher education institutions through the risk management integration 高校质量保证通过风险管理一体化
Q3 Social Sciences Pub Date : 2023-04-01 DOI: 10.52326/jss.utm.2023.06(1).06
Ala Cotelnic
Recently, universities are under increasing public and government pressure to demonstrate the implementation of quality processes. In the present study we analyze what represents the concept of quality in higher education, how we differentiate the services offered by universities in terms of quality, what is the role of risk management in quality assurance. Several researches provided by various scientific sources, international standards in the field of quality, the experience of some foreign universities regarding the implementation of risk management are analyzed. The experience of the public institution, the Academy of Economic Studies from Moldova, was also presented, although not very extensive in the analyzed field. The conclusions we reached relate to the need to promote an effective communication in the field of quality assurance and risk management at the institutional level, the implementation of a risk culture at the institution level. Only in such conditions, the efforts made by the management of the institution can bring the expected results.
最近,大学受到越来越多的公众和政府的压力,要求他们展示质量过程的实施。在本研究中,我们分析了高等教育质量概念的代表,我们如何在质量方面区分大学提供的服务,风险管理在质量保证中的作用。分析了各种科学来源提供的几项研究、质量领域的国际标准、国外一些大学在实施风险管理方面的经验。还介绍了摩尔多瓦经济研究学院这一公共机构的经验,虽然在所分析的领域内不是很广泛。我们得出的结论涉及在机构一级促进质量保证和风险管理领域的有效沟通的必要性,以及在机构一级实施风险文化的必要性。只有在这样的条件下,机构管理层所做的努力才能带来预期的结果。
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引用次数: 0
The abuse exercise of the right to strikes 滥用罢工权
Q3 Social Sciences Pub Date : 2023-04-01 DOI: 10.52326/jss.utm.2023.06(1).10
D. Pojar
Trade union organizations/elected representatives of employees, in their capacity as subject of collective labor relations, may abusively exercise their subjective rights both at the time of conclusion and at the time of modification, suspension and termination of the collective labor contract. A special situation emerges in the case of the abusive exercise of the right to the association and the abusive exercise of the right to strike and the rights of trade union organizations, of the elected representatives of employees, as the case may be. The right to strike, being a means of ensuring collective negotiations, cannot abusively harm the interests of the other party. In the following article, those situations of abusive exercise of the right to strike will be highlighted, wherein the limits of the exercise of this right are intentionally exceeded by the elected representatives of the employees. Starting from the idea that the strike is declared in order to protect the social interests of employees, the abusive exercise of the right to strike must be evaluated taking into account the prejudicial result of the strike in relation to the organizers' intention and interest to produce this result.
工会组织或者职工选举产生的代表,作为集体劳动关系的主体,在集体劳动合同订立和变更、中止、终止时,可以滥用主观权利。在滥用结社权和滥用罢工权以及工会组织、雇员选举代表(视具体情况而定)的权利的情况下,出现了一种特殊情况。罢工权作为保证集体谈判的一种手段,不能滥用损害对方的利益。在下面的文章中,将强调那些滥用罢工权的情况,其中罢工权的行使限制被选举出来的雇员代表故意超越。从宣布罢工是为了保护员工的社会利益这一观点出发,必须考虑到罢工的损害结果与组织者产生这一结果的意图和利益之间的关系,来评估滥用罢工权的行为。
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引用次数: 0
Principles of law enforcement activity by public authorities 公共当局执法活动的原则
Q3 Social Sciences Pub Date : 2023-04-01 DOI: 10.52326/jss.utm.2023.06(1).13
Elena Mantuc
Both the purpose of research and the study presented in the article are focused on one of the main factors, which influence, at all stages, the efficiency and social value of law enforcement activity. This factor would be the observance of principles of law enforcement activity by public authorities, which, up to present, did not get adequate coverage in either legislation or doctrinal research. It is stated that “general principles of law mean a set of guiding ideas, which, without having the precise and exact character of the regulations of positive law, guide the application of law and its evolution”. The referential framewoek of the given study is determined by the essence towards which the development of the activity of law enforcement must be oriented, their destination being the ensuring of legal, fair, and impartial law enforcement. The analysis and study demonstrated that the aforementioned principles are intended to influence the regulation not only for those who apply the law, but for the lawmaker, as well. In conclusion, a multispectral and systematic approach in the field implies a research based on the theoretical importance of the principles of the law enforcement activity that resides in their contribution to the work of creating the law as well as the efficiency of the activity of legal norms applying by the public authorities.
研究的目的和本文提出的研究都集中在影响执法活动在各个阶段的效率和社会价值的一个主要因素上。这一因素将是公共当局遵守执法活动的原则,这一点到目前为止在立法或理论研究中都没有得到充分的报道。它指出,“法律的一般原则是指一套指导思想,这些指导思想不具有成文法规定的精确和确切的性质,但指导法律的适用及其演变”。本研究的参考框架是由执法活动的发展必须面向的本质决定的,其目的是确保合法、公平和公正的执法。分析和研究表明,上述原则不仅是为了影响法律的执行者,而且也是为了影响立法者。总之,该领域的多光谱和系统方法意味着一项基于执法活动原则的理论重要性的研究,这些原则存在于它们对制定法律的工作的贡献以及公共当局适用的法律规范活动的效率。
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引用次数: 0
Biophilic design: the case for Malta 亲生物设计:马耳他案例
Q3 Social Sciences Pub Date : 2023-04-01 DOI: 10.52326/jss.utm.2023.06(1).08
G. Farrugia, Lino Bianco
The human need to relate with the natural environs is the foundation of biophilic design. Thus, such a design solution aims to establish a relation between the built environment and nature; it is fundamental to the well-being of the users of a given space. The objective of this study is to assess the relationship between employees’ sensation of well-being and work place design in Malta, the smallest-in-size member state of the European Union, during the COVID-19 pandemic. Based on an online questionnaire circulated to all employees in the civil service and public authorities of Malta, the present working environs were studied and proposed design solutions were put forward. The data collected was analyzed by making use of the Statistical Package for the Social Sciences. Apertures were found to have substantial impact on the employees’ mental well-being, health and mood; whilst reducing anxiety, they increase the perceived health ratings. Naturally lit and ventilated workspaces lead to higher productivity and less fatigue. The survey results provide a snapshot of the current work environs and provide data for improving their re-design along biophilic principles, an important consideration given that the island’s workforce suffers from the highest rates of depression, anxiety and elevated stress levels within the European Union.
人类与自然环境相联系的需求是亲生物设计的基础。因此,这样的设计方案旨在建立建筑环境与自然之间的关系;它对给定空间的用户的福祉至关重要。本研究的目的是评估欧盟最小成员国马耳他在2019冠状病毒病大流行期间员工幸福感与工作场所设计之间的关系。根据向马耳他公务员和公共当局的所有雇员分发的在线调查问卷,研究了目前的工作环境,并提出了设计解决方案。利用社会科学统计包对收集的数据进行了分析。研究发现,孔径对员工的心理健康和情绪有显著影响;在减少焦虑的同时,它们还提高了人们对健康的感知评级。自然采光和通风的工作空间可以提高工作效率,减少疲劳。调查结果提供了当前工作环境的快照,并为根据亲生物原则改进其重新设计提供了数据,这是一个重要的考虑因素,因为该岛的劳动力在欧洲联盟中患有最高的抑郁,焦虑和压力水平升高。
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引用次数: 0
Legal Protection for Adopted Children in Indonesia Through Court Determination 通过法院裁决对印度尼西亚收养儿童的法律保护
Q3 Social Sciences Pub Date : 2023-04-01 DOI: 10.52326/jss.utm.2023.06(1).12
Vinaricha Sucika Wibawa, S. Sudarsono, Istislam Istislam, S. Hadiyantina
Anyone can adopt a child. In Indonesia this can be done if the child to be taken meets the requirements, this of course must be in accordance with applicable laws. However, legal protection in child adoption varies in each region according to customary law that applies in an area. The purpose of this study is to analyze whether a court order can provide legal protection for adopted children. This research is normative legal research with legal data. The results of the study show that the child adoption procedure in Indonesia actually fulfills the principle of legal certainty in accordance with Indonesian law. Laws on adoption include the Law of the Republic of Indonesia No. 23 of 2002, Law of the Republic of Indonesia No.23 of 2006, and Government Regulation Number 54 of 2007.
任何人都可以领养孩子。在印度尼西亚,如果被带走的孩子符合要求,这是可以做到的,当然,这必须符合适用的法律。但是,根据适用于某一地区的习惯法,每个地区对儿童收养的法律保护各不相同。本研究的目的是分析法院命令是否能为被收养儿童提供法律保护。本研究是运用法律数据进行的规范性法学研究。研究结果表明,印度尼西亚的儿童收养程序实际上符合印度尼西亚法律规定的法律确定性原则。有关收养的法律包括2002年第23号印度尼西亚共和国法、2006年第23号印度尼西亚共和国法和2007年第54号政府条例。
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引用次数: 0
The artistic path of Dumitru Trifan in the field of satirical graphics 杜密特鲁·特里芬在讽刺图形领域的艺术路径
Q3 Social Sciences Pub Date : 2023-04-01 DOI: 10.52326/jss.utm.2023.06(1).04
L. Adascalita
The objectives of this study are to mirror the fruitful activity of the plastic artist Dumitru Trifan in the field of satirical graphics by highlighting the particularities of the graphic sheets signed by him. As a result of extensive analysis, it is noted that the plastic artist Dumitru Trifan has excelled in the field of caricature for several decades. Thus, the protagonist, together with other established cartoonists, intensively publishes ironic and humorous cartoons on the pages of the most famous periodicals, such as the magazines Scînteia Leninistă and Femeia Moldovei and the satire and humor magazine Chiparuş. At the same time, at the beginning of the 1980s of the last century, as an illustrator for the weekly Literatura si Arta, Dumitru Trifan elaborates and publishes an impressive number of caricatures on the pages of this newspaper. I am constantly amazed by how these scenarios are twisted from reality and how boldly the crises' core is handled. Dumitru Trifan practiced a vast thematic spectrum through which he brought to the fore the relations between spouses and those between the working man and the bureaucrat; he also presented humorously but also sarcastically the images of the chilling and the trickster, of irresponsible people, and others. Thus, the artist is sometimes sarcastic in the distortion of the image and sometimes cordial and kind to the character or landscape. And the tonal stain, like an arbitrary game, is intense and expressive.
本研究的目的是通过突出由他签名的图形表的特殊性,反映塑料艺术家Dumitru Trifan在讽刺图形领域富有成效的活动。经过广泛的分析,人们注意到,几十年来,塑料艺术家Dumitru Trifan在漫画领域表现出色。因此,主人公与其他知名漫画家一起,在最著名的期刊上大量发表讽刺和幽默的漫画,如《列宁主义》杂志和《妇女》杂志以及讽刺和幽默杂志《chiparuki》。与此同时,在上世纪80年代初,作为《文学周刊》的插画师,Dumitru Trifan在本报的版面上详细阐述并发表了大量的漫画。我经常惊讶于这些情景是如何扭曲现实的,以及危机核心的处理是如何大胆的。杜密特鲁·特里芬运用了广泛的主题范围,通过这些主题,他突出了配偶之间的关系以及工人与官僚之间的关系;他还幽默而又讽刺地呈现了冷酷和骗子、不负责任的人以及其他人的形象。因此,艺术家对形象的扭曲有时是讽刺的,对人物或风景有时是亲切的。而色调的染色,就像一个随意的游戏,强烈而富有表现力。
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引用次数: 0
Sustainable development of construction contractors of the Republic of Moldova in the context of waste generation and processing 摩尔多瓦共和国建筑承包商在废物产生和处理方面的可持续发展
Q3 Social Sciences Pub Date : 2023-04-01 DOI: 10.52326/jss.utm.2023.06(1).01
M. Gheorghița, Alina Stratila
The article deals with the formation and processing of construction waste resulting from the activities of construction organizations. Every year there is a growth in the volume of construction products, which leads, among other things, to an increase in the volume of generated waste. The aim of this scientific research is to study the preconditions of sustainable development of construction enterprises in the Republic of Moldova in the context of waste management. As a hypothesis, it was assumed that the scale of formation and processing of construction waste affects the profitability of contractors. The initial information for the research was the data characterizing the activity of the construction enterprises of the Republic of Moldova for the last 6 years. Methods of economic analysis and methods of correlation regression were used as research methods. The results of the correlation analysis showed that 99.27% of the profitability of sales of construction enterprises depends on the factors reflecting different aspects of waste formation and management, which makes it possible to directly create prerequisites for long-term and efficient management of construction waste.
本文论述了建筑组织活动产生的建筑垃圾的形成和处理。建筑产品的数量每年都在增长,这导致了产生的废物数量的增加。这项科学研究的目的是在废物管理的背景下研究摩尔多瓦共和国建筑企业可持续发展的先决条件。作为假设,假设建筑垃圾的形成和处理规模影响承包商的盈利能力。研究的最初资料是摩尔多瓦共和国过去6年建筑企业活动特征的数据。研究方法采用经济分析方法和相关回归方法。相关分析结果表明,建筑企业销售盈利能力的99.27%取决于反映垃圾形成和管理不同方面的因素,这可以直接为建筑垃圾的长期高效管理创造先决条件。
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引用次数: 0
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Journal of Social Sciences
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